Giving the finger to SOPA, PIPA, and ACTA
Copyright reform proposal
posted about 12 years ago
The adults in the Republic Party have published a brief analysis of what is needed for copyright reform. Discussing it in the form of misconceptions vs. facts about copyright law, it is filled with gems like:
1. "The purpose of copyright is to compensate the creator of the content:"
Strictly speaking, because of the constitutional basis of copyright and patent, legislative discussions on copyright/patent reform should be based upon what promotes the maximum “progress of sciences and useful arts” instead of “deserving” financial compensation.
2."Copyright is free market capitalism at work:"
Copyright violates nearly every tenet of laissez-faire capitalism. Under the current system of copyright, producers of content are entitled to a guaranteed, government instituted, government subsidized content-monopoly.
3. The current copyright legal regime leads to the greatest innovation and productivity:
With no copyright protection, it was perceived that there would be insufficient incentive for content producers to create new content – without the ability to compensate them for their work. And with too much copyright protection, as in copyright protection that carried on longer than necessary for the incentive, it will greatly stifle innovation. In addition, excessive copyright protection leads to what economists call “rent-seeking” which is effectively non-productive behavior that sucks economic productivity and potential from the overall economy.
The effects of predatory copyright are enumerated and discussed around these points:
- Retarded the creation of a robust DJ/Remix industry
- Hampering scientific inquiry [n.b., Elsevier, Wiley, et.al.(drh)]
- Stifling the creation of a public library
- Discouraging added-value industries
- Penalizes legitimate journalism and oversight
The authors propose a few solutions, too.
- Statutory Damages Reform
- Expand Fair Use
- Punish false copyright claims
- Heavily limit the terms for copyright, and create disincentives for renewal
Their closing sentence is cogent, compelling:
Current copyright law does not merely distort some markets – rather it destroys entire markets.
The document, Three Myths about Copyright Law and Where to Start to Fix it, is scarcely over 9 pages.
(edited about 12 years ago)
